How to Recover Damages After Suffering a Dog Bite

Victims of dog bites and other animal attacks have robust legal protections under Massachusetts law. Some other states follow the “one bite” rule, under which an owner or keeper might not be held liable if they had no reason to believe their dog was dangerous. However, Massachusetts law holds the dog’s owner or keeper is liable for the victim’s injuries regardless of whether the animal had previously shown aggressive behavior.

Massachusetts General Laws Chapter 140, Section 155 imposes strict liability on the dog’s owner or keeper for any injuries their animal causes, whether by biting or another harmful action. A victim does not need to prove that the owner was negligent or that the dog had a history of violence. The only requirements are showing that the injury occurred and identifying the dog’s owner or keeper.

There are a few exceptions to the strict liability rule. The owner or keeper is not liable if the victim was trespassing, committing another tort or provoking the dog. Provocation may include actions such as teasing or tormenting. In addition, in the case of a child under the age of seven, the law presumes that the child was not trespassing or provoking the dog, unless the defendant can prove otherwise. This exception recognizes children’s vulnerability in interactions with animals.

A dog bite victim can seek a variety of damages under Massachusetts law. These include compensation for medical expenses, lost wages and any diminished earning capacity resulting from the injuries. Victims can also recover damages for pain and suffering, emotional distress, scarring or disfigurement. This can be significant in cases where the victim faces long-term physical or psychological trauma. In fatal dog attack cases, surviving family members may pursue wrongful death claims, seeking compensation for funeral expenses, loss of companionship, and other related damages.

In many cases, the dog owner’s homeowners’ or renters’ insurance policies may cover the victim’s damages. Most standard homeowners’ insurance policies include liability coverage for dog bites, up to certain policy limits. Renters’ insurance policies often provide similar coverage, though the policyholder may need to confirm specific terms. It is important to note, however, some insurance policies exclude coverage for dog bites, especially if the dog in question is a breed deemed dangerous, such as a pit bull or Rottweiler. Breed-specific exclusions vary by insurance company.

A dog bite injury attorney can help victims by gathering evidence, negotiating with insurance companies and representing the victim in court if necessary. Additionally, a skilled lawyer can assess the full scope of damages, fighting for the victim to be compensated not only for immediate medical expenses but also for future care, emotional suffering and other long-term consequences of the injury.

At Feinberg & Alban, PC, we pursue your claim aggressively. We are relentless advocates for our clients while maintaining a professional and well-respected demeanor. If you or a loved one has been injured, call us immediately at 617-232-5950 or contact us online.